21 Ruto’s advisers Return to Work as Court of Appeal Grants Temporary Relief

President William Ruto got a temporary reprieve after Kenya’s Court of Appeal reinstated his 21-member advisory council
In a decision issued in Nairobi, the appeal judges said removing the advisers immediately could disrupt operations within the presidency
The decision benefits several prominent people in the president’s advisory team, including David Ndii, Monica Juma and Makau Mutua
A petition filed by the Institute of the Constitution challenged the legality of the duties of advisers, saying that such positions are similar to government offices.

President William Ruto he got a reprieve after the Court of Appeal temporarily reinstated his 21-member advisory council.

President William Ruto during the previous meeting of the Council of Ministers. Photo: William Ruto.
Source: Facebook

In a decision issued in Nairobi on Friday, March 13, a three-judge panel consisting of Judges William Korir, Hedwig Ong’udi, and Samson Okong’o agreed to suspend the implementation of the High Court’s decision.

The Supreme Court’s decision had previously declared the positions unconstitutional and had ordered the consultants to be removed from office.

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The decision means that the advisers will continue to serve in their respective positions in the White House while the appeals court considers the full appeal against the previous decision.

In their decision, the appellate judges found that removing the advisers immediately would interfere with the proper functioning of the presidency.

“Respondents 3 to 23 were already providing services to the public by the time the impugned decision was issued. Therefore, there is a possibility of disruption of the work of the Office of the President if the petition is denied,” part of the decision read.

The bench went on to say that the argument on whether advisory posts duplicate the duties of other government offices will be examined during the primary appeal.

“Regarding the submission that allowing counsel to continue to serve would result in duplication of duties, we are of the view that this is an issue that should be decided during the primary appeal. In that case, we are satisfied that the petitioner has met the threshold required for the orders sought,” the court ruled.

The ruling restores the status quo, allowing councilors to remain in office and continue to perform their duties until the legal dispute is fully resolved.

Among those who benefit from the decision are several prominent people within Ruto’s circle, including economist David Ndii, National Security Adviser Monica Juma, and constitutional scholar Makau Mutua.

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Others listed among the advisers include Joe Ager, Jaoko Oburu, Kennedy Ogeto, and former police chief Joseph Boinnet.

The advisers cover various policy areas within the government, including economic planning, foreign affairs, gender policy, security, and intergovernmental relations.

The appeal court’s decision reverses the immediate effect of a January ruling by a High Court judge Luck Decide him.

In January, Judge Mwamuye had ruled that the appointment made by the president was unconstitutional, preventing the government from handling salaries or benefits for consultants.

The decision followed a petition filed by civil society organizations led by the Institute of the Constitution, which challenged the legality of advisory positions.

The plaintiffs claimed that the creation of these offices bypassed constitutional procedures and duplicated duties already assigned to Cabinet Secretaries and the Attorney General.

They also argued that maintaining those positions placed an unnecessary financial burden on taxpayers.

The government, through the Office of the Attorney General of Kenya and the Public Service Commission of Kenya, defended the appointment, saying that the president is legally allowed to appoint personal advisers to assist in carrying out constitutional duties.